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Federal Courts -
11th Circuit Court of Appeals - January 10, 2006
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Clanton v. Inter.net Global, LLC, No. 04-14120,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 10, 2006, Decided , January 10, 2006, Filed
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Overview: Judgment for sellers in suit against a buyer's subsidiaries to recover "holdback" payment that buyer agreed to pay when purchasing sellers' business, was vacated; contract stated that subsidiaries assumed only those obligations directly related to assets that buyer transferred to them, and the "holdback" payment did not relate to those assets.
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NLRB v. Chugach Mgmt. Servs., No. 04-16451,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 10, 2006, Decided , January 10, 2006, Filed
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Overview: NLRB's application for enforcement of order (requiring employer to fully instate individual and pay him damages), 29 U.S.C.S. § 158(a)(1), was denied. Individual, alone, out of all applicants, did not commit without qualification to job requirements including working overtime; willingness to work overtime was one of five essential job requirements.
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United States v. Greer, No. 05-11295 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 10, 2006, Decided , January 10, 2006, Filed
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Overview: Where defendant's three prior convictions listed in the indictment were for making terroristic threats under O.C.G.A. § 16-11-37, and the prior indictments showed each was for threatening to commit a violent crime, they were "violent felonies" requiring a sentence enhancement under the Armed Career Criminal Act, 18 U.S.C.S. § 924(e).
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